Legal Opinion

McClellan v. Ohio Department of Transportation

Ohio Court of Appeals

Decided December 18, 1986No. 86AP-206PublishedCited by 367 opinions

1Opinion of the CourtMcCormac, J.

Brice G. McClellan and her husband, John McClellan, plaintiffs-appellants, commenced an action in the Ohio Court of Claims alleging that the Ohio Department of Transportation (“ODOT”), defendant-appellee, was negligent in the maintenance of State Route 307 on September 2,1981, when Brice McClellan was injured when her car overturned in a one-car accident after encountering water on the highway.

Denial and affirmative defenses were submitted by ODOT.

After trial to the court, the court rendered judgment for defendant, primarily on the basis that defendant had no actual or constructive notice of…

2Cases cited3 opinions

  1. C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court · 1978
  2. Bello v. ClevelandOhio Supreme Court · 1922
  3. McCave v. City of CantonOhio Supreme Court · 1942

3Cited by367 opinions

  1. Prstojevic v. Dept. of Transp., Dist. 3Ohio Court of Claims · 2010
  2. Feitshans v. Darke CountyOhio Court of Appeals · 1996
  3. Miller v. StateOhio Court of Appeals · 2014
  4. Jordan v. Ohio Dept. of Transp., Dist. 8Ohio Court of Claims · 2010
  5. Knight v. Ohio Dept. of Transp.Ohio Court of Claims · 2010

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